How to fill out form I-130

It is important to know how to fill out Form I-130, as it is the first step in bringing a family member to the United States. 

This form is the gateway to starting the process of obtaining the Green Card and reuniting with your loved ones. 

If you need advice on how to fill out and submit Form I-130, just call us and we will be happy to help you. 

How to fill out Form I-130 step by step in 2025

Form I-130 can be printed and filled out by hand or done directly on the computer. After downloading the free Form I-130 in English, follow these instructions to complete the form correctly:

Part 1: Relationship

When completing Form I-130, leave the “For USCIS Use Only” section blank, as it is only intended for administrative use by USCIS. 

Likewise, the “To be completed by an attorney or accredited representative” section should only be completed by an attorney.

Then, begin with the first section under the “START HERE” notice and answer the following questions in order as appropriate:

1. Indicate who the beneficiary is (spouse, parent, sibling, or child) by checking the appropriate box;
2. Only if you are a parent or child, select one of the options as appropriate (biological, stepchild/stepparent, child out of wedlock, or adopted);
3. Only if the request is for siblings by blood or adoption;
4. Indicate whether your lawful permanent residence or American citizenship was obtained through adoption.

Part 2: Information about you (The petitioner)

In this section you must answer the following:

1. Foreigner number (if you have one);
2. Your online account number with USCIS (if you have one);
3. Social Security Number;
4. Full name. That is, last name, first name and middle name;
5. Other names used or nickname;
6. City or town of birth;
7. Country of birth;
8. Date of birth (month/day/year);
9. Gender (male or female);
10. Email address. This includes the name of the individual receiving the mail, street, city, zip code, among others;
11. Address history. They should be the addresses where she has lived in the last 5 years.

Part 3: Biographical information

In this part you will have to fill out the requested information in the following order: 

1. Ethnic group;
2. Race;
3. Height (must be in feet and inches);
4. Weight in pounds;
5. Eye color;
6. Hair color.

Part 4: Information about the beneficiary

1. Alien registration number (if any);
2. Online account number with USCIS (if they have one);
3. Social Security Number (if they have one);
4. Full name of the beneficiary. This includes last name, first name, and middle name;
5. Other names;
6. Additional information. Include city and country of birth, date of birth, and whether a petition has been filed before;
7. Physical address;
8. Other address and contact information; 
9. Marriage information. Detail the beneficiary’s current marital status and information about previous spouses if applicable;
10. Information about the family. Here provide information about the beneficiary’s spouse and children if applicable.

Part 5: Other information

This section focuses primarily on the information on Form I-130 and asks if you have filed it before.

Part 6: Petitioner’s Oath, Contact Information, Declaration and Signature

You will need to provide a statement as the petitioner, sign and confirm the information on the form.

As well as including the date and your contact information, including your email address. 

Note: If you do not sign and date the form, USCIS will reject it.

Part 7: Interpreter Contact Information, Certification and Signature

Complete this section only if you have used an interpreter. The interpreter must provide their contact information, sign and date the form.

Part 8: Information from persons other than the petitioner

This section is only necessary if someone is helping you complete your form. If that person is an attorney, you must complete and attach a Form G-28 with the petition.

Part 9: Additional information

Use this section to attach any supporting documents or additional information you wish to provide.

If you have questions about how to fill out the I-130 form in any of its parts, do not hesitate to contact us.

What is Form I-130?

Form I-130 is an application used by foreigners to obtain a Green Card through an American citizen or lawful permanent resident relative. 

This form establishes the existence of a family relationship and is used to initiate the procedures for US residency by family petition. Check our family-based immigration lawyer page for further details.

Who can file Form I-130?

Form I-130 can be filed by US citizens for their spouses, children, siblings, and parents. 

On the other hand, lawful permanent residents can only use it for their spouses and unmarried children.

Note: In our family section you can find extensive information on the subject. An example would be our blog named “Can I bring my parents to the US permanently”.

Who cannot file a Form I-130?

The following people cannot file Form I-130, even if there is a family relationship:

• Grandparents, grandchildren, nephews, aunts, uncles, cousins ​​or in-laws;
• Adopted children over 16 years of age;
• Birth parents who obtained lawful permanent residence or American citizenship through adoption;
• Married stepparents or stepchildren over 18 years of age;
• Spouses if the marriage ceremony did not have the physical presence of both,
• Spouses who obtained residency through a previous marriage without naturalization or five years of residence,
• Spouses married during immigration proceedings or for convenience;
• Family members involved in fraudulent marriages.

What documents should I submit with Form I-130?

Along with Form I-130, you will need to attach additional documentation that demonstrates your relationship to the family member for whom you are applying. 

Some of the documents you can use are:

• Proof of American citizenship or lawful permanent residence. For example, the naturalization certificate or US passport.
• Documents that prove the family relationship. They can be birth certificates, identity documents and marriage certificates.
• Proof of marital authenticity, such as joint contracts, bank statements and photographs.
• Evidence of name change, such as a legal name change order.
• Proof of the beneficiary’s nationality, such as a birth certificate and passport.

Submitting all required documents on time is essential to ensure a streamlined and effective Form I-130 process. 

Alternative documents

If you are unable to obtain certain required documents, you may provide alternative documents to USCIS. 

These help USCIS determine if the original documents are not available to you.

For example, if you cannot obtain a copy of your birth certificate, you will need to submit other supporting documents or records that verify the details of your birth. 

What happens if I do not have the supporting documents required to complete Form I-130?

If you are missing required documents, you can submit alternatives. For example, if you do not have a birth certificate, you can obtain a letter from the authorities confirming its non-existence or present alternative documents.

If USCIS finds missing documents, it will send a request for evidence (RFE). This can prolong the process. 

What can I do if an official document is not available? 

If you do not have an official document, you must present declarations from civil authorities certifying its non-existence. To do this, you may include any of the following secondary evidence: 

• Religious records: Copy of documents from a religious organization that demonstrate a service performed within a specific time.
• Educational record: School records with the date of admission, date of birth or age of the child, place of birth and names of parents.
• Census records: State or federal records that include names, place of birth, date of birth, or age.
• Written statements: Signed under oath by persons with personal knowledge of the family relationship. They must include the full name, address, date and place of birth of the signer.

What documents should I present to prove my family relationship?

Depending on your family relationship, you will require the following:

• Spouse: Marriage certificate and, if applicable, documents proving the dissolution of previous marriages. 
• Children: Birth or baptism certificate, and in cases of adoption, the adoption certificate. 
• Parents: The applicant’s birth certificate is required. 
• Siblings: Birth certificates are required for both. It can be the birth or baptism certificate.

Where should I file Form I-130?

To file Form I-130, you must first complete and gather all necessary documents. 

After doing so, you can submit the form online or to the USCIS office for your region. 

The addresses are available on this agency’s website. If you choose to use the US Postal Service, it is advisable to send your request by certified mail with return receipt requested.

Note: If you reside outside of the United States, you will need to contact the nearest US consulate for information on where to submit your visa application. Please note that living outside the US may affect your lawful permanent residence status.

How should I-130 documents be translated?

To translate Form I-130 documents, follow these steps:

1. Identify documents: Translate any document that is not in English;
2. Look for a qualified translator: Choose one who is fluent in English and the original language, preferably with experience in legal documents;
3. Provide the documents to the translator: Provide a copy of the original document;
4. Request a certified translation: Make sure it includes the competence of the translator, the accuracy of the translation, your name, signature and contact details;
5. Submit documents: Submit the original and the sworn translation along with your I-130 petition.

How much does Form I-130 cost?

The cost to file Form I-130 is $625 if you file online. If you submit it on paper, you will have to pay $675. This fee is fixed and cannot be waived or refunded.

You can pay this amount to USCIS using money orders, cashier’s checks, personal checks, or credit cards. 

If you choose to pay by credit card, you must also submit Form G-1450 to authorize payment.

How to write a check for Form I-130?

If you pay with a personal check, you must make sure the check is written correctly. You must include the following information:

• Date of issue of the check;
• You must do so in the name of the “United States Department of Homeland Security”;
• Exact dollar amount of the filing fee;
• Write the exact dollar amount in words;
• Add a brief description of the purpose of the check;
• Sign the check.

How long does it take to process Form I-130?

Form I-130 processing time depends on the family relationship and USCIS workload. 

For immediate family members of lawful permanent residents, the process can take between 5 and 37 months, while for immediate family members of American citizens it is between 5 and 16 months.

Is there any way to speed up the process?

You can file a special request with USCIS to expedite the processing of your Form I-130. 

However, the agency will generally only accept such a request if there are urgent humanitarian reasons or if there is a specific request from the US government.

What happens if USCIS denies my application?

If USCIS rejects your Form I-130, you will receive a Form I-797, Notice of Action in the mail. 

However, you may appeal this decision to the Administrative Appeals Office (AAO) as long as you file the appeal within 30 days from the date the notice was sent.

What happens if my name has changed? 

If you or the individual you are applying for uses a different name than what appears on the relevant documents, you must include copies of legal documents showing the name change. 

These can be:

• Marriage certificate;
• Adoption Decree; or 
• Court order to change name. 

Our immigration attorneys can help you determine the documents needed for your I-130 application and avoid unnecessary delays.

What happens after my Form I-130 has been approved?

Once your I-130 petition is approved, your family member will be able to apply for their Green Card. Immediate family members (parents, spouses, or unmarried children under age 21) can do so immediately using Form I-485. 

In other cases, it may be necessary to wait to initiate adjustment of status. To simplify and expedite the process, it is crucial to have the assistance of an immigration attorney. 

How many Forms I-130 are approved each year?

Family preference visas have a limit on the number of approvals available each year. 

In recent years, the approval rate for Form I-130 petitions has reached 99%. 

Fortunately, immediate family members are not subject to these numerical limits. This means that the likelihood of your application being approved by USCIS is higher.

Frequently asked questions about how to fill out Form I-130

Do I need a lawyer to fill out Form I-130?

Although it is not a requirement to have an attorney to complete Form I-130, it is highly recommended. 

Having an immigration attorney by your side ensures that the form is correctly completed and the necessary documentation is submitted properly. 

Additionally, a lawyer can help you prepare for hearings or interviews, provide advice on potential problems during the process.

How long do you have to wait for the interview after Form I-130 is approved?

The interview wait time after Form I-130 approval varies depending on several factors. For example, the type of visa, the applicant’s location, and processing times at USCIS and consular offices. 

Generally, the interview can begin within 6 to 8 weeks or more. The entire Form I-485 process typically takes between 8 and 14 months, including the interview. This typically occurs for those seeking adjustment of status.

Can I travel after Form I-130 is filed and approved?

You can travel after filing Form I-130, as long as you have the proper travel documents and maintain your immigration status. 

If you are the petitioner, your travel generally will not affect the petition. However, if you are the beneficiary, avoid long trips and make sure not to alter your immigration status. 

Upon approval, you will need to attend a consular interview, so travel should be planned carefully. Consider requesting advance parole for these cases.

Can I file Form I-130 and Form I-485 together?

Yes, you can file Form I-130 and Form I-485 together if you meet certain requirements. 

For example, you must be an immediate family member of a US citizen and be in the country to adjust your status.

If you comply, you only have to fill out both forms and submit them to USCIS with the necessary documents. After that, you must inform the NVC about the filing of the I-485.

How do our immigration attorneys at Lluis Law facilitate the Form I-130 process?

At Lluis Law, we understand that completing Form I-130 can be a complex and overwhelming process. Our immigration attorneys are here to make this process as smooth and successful as possible.

We assist you in collecting and organizing the necessary documentation, ensuring that everything meets USCIS requirements. 

We also review your form and documents to avoid errors and provide ongoing support throughout the process, answering your questions and keeping you informed about the status of your application. 

For more information about how to fill out Form I-130, or any other immigration-related matter for you or a family member, the immigration attorneys at Lluis Law are at your disposal.